[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Rules and Regulations]
[Pages 35157-35158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14524]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-88-AD; Amendment 39-13189; AD 2003-12-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 and -145 series airplanes, 
that requires replacing the four Gamah clamp/sleeve joints on an engine 
bleed air duct with new threaded coupling assemblies. For certain 
airplanes, this AD also requires replacing the two supports for the 
engine bleed air duct with two new supports. The actions specified by 
this AD are intended to prevent hot air leaks from the bleed air duct 
due to disconnection of the duct joint, which could result in heat 
damage to components near the duct, and consequent increased risk of 
fire in the rear baggage compartment. This action is intended to 
address the identified unsafe condition.

DATES: Effective July 17, 2003. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of July 17, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information may 
be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and 
-145 series airplanes was published in the Federal Register on January 
30, 2003 (68 FR 4725). That action proposed to require replacing the 
four Gamah clamp/sleeve joints on an engine bleed air duct with new 
threaded coupling assemblies. For certain airplanes, that action also 
proposed to require replacing the two supports for the engine bleed air 
duct with two new supports.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposed AD

    One commenter has no objections to the proposed AD.

Requests To Cite Recent Service Bulletin Versions

    The proposed AD cited EMBRAER Service Bulletin 145-36-0024, dated 
May 31, 2001, as the appropriate source of service information for the 
proposed requirements. Several commenters request that the FAA revise 
the proposed AD to reflect the most current revision levels of the 
service bulletin revisions. (Change 01 of the service bulletin was 
issued August 7, 2002, and Change 02 was issued December 13, 2002.) One 
commenter requests that the proposed AD be revised to also allow future 
revisions of the service bulletin for compliance with the AD to avoid 
the need for requests and approvals of alternative methods of 
compliance.
    The FAA partially agrees with the requests. Because the actions in 
both revisions are essentially the same as those in the original 
service bulletin, paragraph (a) in this final rule has been revised to 
cite Change 02 and to provide credit for work accomplished in 
accordance with the original or Change 01 of the service bulletin. 
However, to use a later revision of the cited service bulletin, 
affected operators must request approval of an alternative method of 
compliance under the provisions of paragraph (c) of this final rule. In 
an AD, use of the phrase ``or later FAA-approved revisions'' in 
reference to a specific service bulletin violates Office of the Federal 
Register regulations for approving materials that are incorporated by 
reference.

Request To Revise Applicability of Proposed AD

    One commenter notes that in Change 02 of the service bulletin the 
effectivity was revised. Because the applicability of the proposed AD 
excluded certain airplanes listed in the original version of the 
service bulletin, the commenter requests that the applicability of the 
proposed AD be revised to refer to Change 02 of the service bulletin.
    The FAA agrees. Certain airplanes were removed from the effectivity 
of the revised service bulletin. Therefore, the applicability statement 
of this final rule has been revised accordingly.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    The FAA estimates that 346 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 3 work hours per 
airplane to accomplish the replacement, and that the average labor rate 
is $60 per work hour. Required parts will cost approximately between 
$1,978 and $2,007 per airplane. Based on these figures, the cost impact 
of the AD on U.S. operators of these airplanes is estimated to be 
between $746,668 and $756,702; or between $2,158 and $2,187 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time

[[Page 35158]]

necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

    2003-12-04--Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13189. Docket 2002-NM-88-AD.

    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-36-0024, Change 02, dated 
December 13, 2002; excluding those airplanes listed in ``In-
production effectivity'' in paragraph 1.A., ``Effectivity,'' of the 
service bulletin; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent hot air leaks from the bleed air duct due to 
disconnection of the duct joint, which could result in heat damage 
to components near the duct, and consequent increased risk of fire 
in the rear baggage compartment, accomplish the following:

Replacement

    (a) Within 1,000 flight hours after the effective date of this 
AD, do the actions specified in paragraphs (a)(1) and (a)(2) of this 
AD, as applicable, per EMBRAER Service Bulletin 145-36-0024, Change 
02, dated December 13, 2002. Accomplishment of those actions in 
accordance with EMBRAER Service Bulletin 145-36-0024, dated May 31, 
2001; or Change 01, dated August 7, 2002; are acceptable for 
compliance with the requirements of this paragraph.
    (1) For all airplanes: Replace the four Gamah clamp/sleeve 
joints from the bleed line at the baggage compartment between frames 
68 and 69 with new threaded coupling assemblies (including re-
identifying, cleaning, and lubricating the bleed ducts; and 
installing protection sleeves).
    (2) For airplanes having serial numbers listed in paragraph 3.G. 
of the Accomplishment Instructions of the service bulletin: Replace 
the two supports for the engine bleed air duct with two new 
supports, having part number 145-35923-007.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
parts listed in paragraphs (b)(1) and (b)(2) of this AD, as 
applicable.
    (1) For all airplanes: Gamah clamp/sleeve joints, from the bleed 
line at the baggage compartment between frames 68 and 69, having 
part number G30020CD, G30020TD, G30020C, or G30020T.
    (2) For airplanes having serial numbers listed in paragraph 3.G. 
of the Accomplishment Instructions of EMBRAER Service Bulletin 145-
36-0024, Change 02, dated December 13, 2002: Supports for the engine 
bleed air duct, with part number 145-35923-007.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-36-0024, Change 
02, dated December 13, 2002. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil. Copies may be inspected at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-09-03, dated October 2, 2001.

Effective Date

    (f) This amendment becomes effective on July 17, 2003.

    Issued in Renton, Washington, on June 4, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-14524 Filed 6-11-03; 8:45 am]
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